Tom Petty’s Estate | Stepmother Heartbreak & Litigation

Tom Petty’s Estate | Stepmother Heartbreak & Litigation

Tom Petty was an American original, a singer, a songwriter, an actor, and an instrumentalist who formed the iconic group Tom Petty and the Heartbreakers in 1976. By the time of his death in 2017 at age 66 from of an accidental drug overdose, his music catalog was worth in the tens of millions.

Like many estates of successful rock ‘n roll musicians, Petty left behind an extended family: children from a first marriage, two daughters named Adria and Annakim, and a widowed stepmother named Dana.

The issue that Petty’s daughters seek to resolve concerns the meaning of the term “equal participation.” According to Tom Petty’s will, he wanted his daughters and his second wife to participate equally in handling the assets of his estate, which consisted primarily of his music catalog. His daughters interpret the will’s verbiage to mean that each daughter should have a vote in decision-making.

The term ‘equal participation,’ however, means something different to Petty’s widow, Dana. She and her stepchildren may share 50/50 in the proceeds of his estate, but key decisions are to be made by her, not them.

While we don’t know all the facts, it’s clear that Tom Petty died unexpectedly, and that he had not sufficiently discussed with his family his specific plans for managing his estate after he died. As we’ve seen time and again, communication between children and step-parents, especially in complex families, is crucial if conflicts are to be avoided. Because of the wording of Tom Petty’s will, and because he probably did not anticipate and did not plan for an early demise, he inadvertently created a gray zone in his estate documents.

The lesson is clear: early and frequent communication between all parties, even when those conversations are difficult, is the only practical way to head off future legal disputes.